Section 140 in West Bengal Co-operative Societies Act, 2006
140. Charge and surcharge.
(1)Where on an audit under section 97 or an inspection under section 99 or an inquiry under section 100 or an inquiry by a commission constituted under the Commission of. Inquiry Act, 1952 or a report from the liquidator, it appears to the Registrar that any officer including a former officer of any Co-operative society has at any time after the commencement of this Act and within six years prior to the date of such audit, inspection, inquiry or report, as the case may be-(a)intentionally made or authorised or allowed any payment which is, or may be deemed to be, contrary to the provision of this Act, or the by-laws or any other law for the time being in force, or(b)by reason of negligence in respect of any matter involved the Co-operative society in any loss or deficiency; or(c)mis-appropriated or fraudulently retained any property of the Co-operative society or committed criminal breach of trust or forgery or falsification of the accounts, the Registrar may, after giving such officer an opportunity of being heard, by order in writing require such officer to pay such sum with interest to the assets of the Co-operative society for making good the loss sustained by it in direct consequence of commission or omission specified in this section or to restore such property as the Registrar may think fit and also to pay such sum as the Registrar may fix to meet the cost of any proceeding under this section.(2)The provision of this section shall apply notwithstanding that such officer is by reason of his act or omission punishable under any law for the time being in force.
